Senate Journal 3/6/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 6, 2017

The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Craig Wexler, followed by the Pledge of Allegiance led by Senate pages Matthew Bunn and Patrick Minihan.

Roll Call: All members present except Sen. Langer who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-second day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

The oath of office was administered by the President to the following named persons:

Pages _ Matthew Bunn, Mary Dybedahl, Kadon Leddy, Emma Mesman, Patrick Minihan, Courtney Peters, Roger Sheets, Evan Sunby

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

March 3, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 2, 2017, I approved Senate Bills 12, 13, 21, 39, 40, 41, 42, and 109, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1034 and returns the same with the recommendation that said bill be amended as follows:

1034fd

On page 2, line 22, of the House engrossed bill, delete "State Board of Elections" and insert "secretary of state".

On page 8, after line 7, insert:

" Section 10. That Section 3 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

Section 3. That § 12-6-7 be amended to read:

12-6-7. A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top~~. A nominating petition for any election~~ and shall be a self-contained sheet of paper. The petition for party office or political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial

candidate at the last gubernatorial election in the county, part of the county, district, or state electing a candidate to fill the office. If a county uses vote centers and does not print ballots by precinct, signature requirements for both partisan and independent candidates are:

(1) Fifty signatures for a legislative candidate whose district either in whole or in part includes that county;

(2) Thirty signatures for a county candidate;

(3) Fifteen signatures for county commissioner district candidates;

(4) Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;

(5) Five signatures for a new party county candidate; or

(6) Three signatures for a new party county commissioner district candidate. ".

1034fe

On page 8, after line 7 of the House engrossed bill, insert:

" Section 10. That Section 7 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

Section 7. That § 12-7-1 be amended to read:

12-7-1. Any candidate for nonjudicial public office, except as provided in § 12-7-7 ~~or office in the State Legislature, county political public office, and county party office as provided in section 9 of this Act~~, who is not nominated by a primary election may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by § 12-6-4, after December thirty-first and by the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination. ".

1034ff

On page 3 of the House engrossed bill, delete lines 4 to 17, inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

1035fa

On page 5, after line 13 of the printed bill, insert:

" Section 7. That § 2-1-16 be amended to read:

2-1-16. The secretary of state shall verify the signatures pursuant to § 2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that ~~every~~ each signature received by the secretary of state ~~shall be~~ is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall~~, by rules promulgated~~ promulgate rules, pursuant to chapter 1-26, ~~establish~~ establishing the methodology for conducting the random sample. The random sampling shall be an examination of ~~five percent of~~ the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

Section 8. That § 12-1-36 be amended to read:

12-1-36. The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the methodology for conducting the random sample. The random sampling shall be an examination of ~~five percent of~~ the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent. ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073cb

On page 2, line 2, of the House engrossed bill, after "year." insert "Beginning on January 1, 2019, and again on January first of each year thereafter, the cumulative value applicable in this section shall be adjusted by the index factor as provided in section 5 of this Act, and the adjusted cumulative value for the year shall be published on the secretary of state's website. ".

On page 2, line 23, after "Any" insert "entertainment,".

On page 2, line 24, delete "meal" and insert "occurrence. Beginning on January 1, 2019, and again on January first of each year thereafter, the dollar value in this section shall be adjusted by the index factor as provided in section 5 of this Act, and the adjusted dollar value for the year shall be published on the secretary of state's website".

On page 3, between lines 12 and 13, insert:

" Section 5. That chapter 2-12 be amended by adding a NEW SECTION to read:

For the purposes of this Act, the index factor is the annual percentage change in the consumer price index for urban wage earners and clerical workers as published by the United States Department of Labor for the year before the year immediately preceding the year of adjustment.".

1073fa

On the previously adopted amendment (1073cb), delete the instruction for page 2, line 23, and delete the instruction for page 2, line 24.

On page 2, line 18 of the House engrossed bill, after "service" insert "or event".

On page 2, delete lines 23 and 24, and insert:
"

(4) Any food, entertainment, or beverage provided for immediate consumption;".

And that as so amended said bill do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 28, 29, 44, 60, 81, 98, 99, 102, 116, and 120 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 28, 29, 60, 98, 99, and 116 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 142 and 92 were lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

I have the honor to return herewith SB 149 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Urging Congress, the President of the United States, and the President's trade representatives to welcome free trade and support strong trade commerce within the agricultural industry.

Was read the second time.

c1012fa

Sen. Frerichs moved that HCR 1012 be amended as follows:

On page 2, line 8, of the House engrossed resolution, after "free" insert "and fair".

Which motion prevailed.

Sen. Frerichs moved that the Senate do concur in HCR 1012 as found on page 490 of the House Journal and as amended on page 635 of the Senate Journal.

The question being on Sen. Frerichs' motion that HCR 1012 be concurred in as amended.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in as amended.

The question being on the title.

C1012fta

Sen. Frerichs moved that the title to HCR 1012 be amended as follows:

On page 1, line 2, of the House engrossed resolution, after "free" insert "and fair".

Which motion prevailed and the title was so amended.

Sen. Rusch moved that the Senate do concur in House amendments to SB 103.

The question being on Sen. Rusch's motion that the Senate do concur in House amendments to SB 103.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Russell

Excused:
Langer; Sutton

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Novstrup moved that the Senate do concur in House amendments to SB 164.

The question being on Sen. Novstrup's motion that the Senate do concur in House amendments to SB 164.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Monroe

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Rusch moved that the Senate do concur in House amendments to SB 90.

The question being on Sen. Rusch's motion that the Senate do concur in House amendments to SB 90.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Tidemann moved that the Committee on Transportation be instructed to deliver HB 1082 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

Sen. Curd moved that HB 1205, 1206, 1207, 1208, 1209, 1210, 1090, and 1184 be deferred to Tuesday, March 7^th, the 34^th legislative day.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 7^th, the 34^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Curd moved that the reports of the Standing Committees on

Agriculture and Natural Resources on HB 1157 as found on page 622 of the Senate Journal; also

State Affairs on SCR 15 as found on page 614 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Bolin moved that HB 1112 be placed on the calendar of Monday, March 6^th, the 33^rd legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Partridge; Soholt; Stalzer; Tidemann; White; Wiik

Nays:
Cammack; Klumb; Kolbeck; Nelson; Nesiba; Peters; Rusch; Russell; Solano; Sutton; Tapio; Youngberg

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1112 was so placed.

Sen. Curd moved that HB 1112 be placed to follow HB 1097 on today's calendar.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

Sen. Greenfield (Brock) moved that the consideration of the Executive appointments of Pam Roberts to the State Board of Regents and Conrad Adam to the State Board of Regents be deferred until Tuesday, March 7^th, the 34^th legislative day.

Which motion prevailed.

The Senate proceeded to the consideration of the executive appointment of Gopal M. Vyas of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

The question being “Does the Senate advise and consent to the executive appointment of Gopal M. Vyas pursuant to the executive message as found on page 37 of the Senate Journal?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Russell; Tapio

Excused:
Langer

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Lori Wagner of Day County, Webster, South Dakota to the South Dakota Board of Education.

The question being “Does the Senate advise and consent to the executive appointment of Lori Wagner pursuant to the executive message as found on page 380 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Nelson; Russell; Tapio

Excused:
Langer

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Kay Schallenkamp of Lawrence County, Spearfish, South Dakota , to the South Dakota Board of Education.

The question being “Does the Senate advise and consent to the executive reappointment of Kay Schallenkamp pursuant to the executive message as found on page 352 of the Senate Journal?”

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Nays:
Jensen (Phil); Nelson; Russell; Stalzer; Tapio

Excused:
Langer

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

Was read the second time.

The question being “Shall HB 1185 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer; Novstrup

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the payment of special assessments.

Was read the second time.

The question being “Shall HB 1063 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer; Novstrup

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage licensing provisions concerning the manufacturing and sale of cider.

Was read the second time.

The question being “Shall HB 1092 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer; Novstrup

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

Was read the second time.

The question being “Shall HB 1001 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer; Novstrup

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1155: FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault with the intent to disfigure the victim.

Was read the second time.

The question being “Shall HB 1155 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Langer; Novstrup

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public employees.

Was read the second time.

1052kc

Sen. Nelson moved that HB 1052 be amended as follows:

On page 1, after line 14 of the Senate Local Government Committee engrossed bill, insert:

" Section 2. That the code be amended by adding a NEW SECTION to read:

No state government employer may discharge, discipline, threaten, or otherwise retaliate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

(1) The employee communicates information that he or she believes, in good faith, to be truthful or accurate and relates to local or state services, including the financing of local or state services, to:

(a) A legislator or a legislative auditor; or

(b) A constitutional officer.".

Which motion lost.

The question being “Shall HB 1052 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

Was read the second time.

The question being “Shall HB 1170 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Russell

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

Sen. Cronin requested a fiscal note on HB 1076 pursuant to Joint Rule 6C-1.1.

Which request was supported.

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed carry permits and to declare an emergency.

Was read the second time.

1147jb

Sen. Novstrup moved that HB 1147 be amended as follows:

On page 2, line 6, of the printed bill, delete "chapter 23-8" and insert "chapter 23-7".

On page 2, line 14, delete everything after "reissued with a new issue date" and insert "and is valid for a period of five years from the date of reissuance.".

Which motion prevailed.

The question being “Shall HB 1147 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1156: FOR AN ACT ENTITLED, An Act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit.

Was read the second time.

The question being “Shall HB 1156 pass as amended?”

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Bolin; Cronin; Curd; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Russell; Stalzer; Tapio; Wiik; Youngberg

Nays:
Cammack; Ewing; Frerichs; Heinert; Kennedy; Killer; Kolbeck; Nesiba; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1072: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.

Was read the second time.

The question being “Shall HB 1072 pass as amended?”

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Peters; Russell; Solano; Stalzer; Sutton; Tapio; Wiik; Youngberg

Nays:
Bolin; Frerichs; Heinert; Kennedy; Killer; Nesiba; Partridge; Rusch; Soholt; Tidemann; White

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1101: FOR AN ACT ENTITLED, An Act to increase the penalty for performing an abortion of an unborn child capable of feeling pain.

Was read the second time.

The question being “Shall HB 1101 pass?”

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Solano; Stalzer; Tapio; Wiik; Youngberg

Nays:
Curd; Frerichs; Heinert; Kennedy; Killer; Nesiba; Peters; Soholt; Sutton; Tidemann; White

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1173: FOR AN ACT ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

Was read the second time.

The question being “Shall HB 1173 pass?”

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Nelson; Russell

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding underage prostitution.

Was read the second time.

The question being “Shall HB 1143 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain unemployment insurance contribution rates, to provide for an unemployment insurance administrative fee, and to provide for the distribution of the fee.

Having had its second reading was up for reconsideration and final passage.

The question being “Shall HB 1097 pass?”

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Monroe; Novstrup; Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Greenfield (Brock); Jensen (Phil); Maher; Nelson; Nesiba; Netherton; Otten (Ernie); Peters; Russell

Excused:
Langer

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions related to construction managers on certain public improvement projects.

Was read the second time.

1112ca

Sen. Nelson moved that HB 1112 be amended as follows:

On page 1, line 5, of the printed bill, delete everything after "5-18B-15" and insert "~~No person, firm, or corporation may act as architect or engineer and also~~ On any public improvement project that is awarded by the use of competitive sealed bids pursuant to this chapter, no person, firm, or corporation may act as architect or engineer and also as contractor. However, a person, firm, or corporation may act as architect or engineer and also construction

manager, if the construction manager does not perform any of the actual construction work on the project and all actual construction work is awarded by the use of competitive sealed bids.".

On page 1, delete line 6, and insert "~~contractor on any public improvement project if the amount to be~~".

On page 1, line 7, overstrike everything before "Any" .

Which motion lost.

The question being “Shall HB 1112 pass?”

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Bolin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Kolbeck; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Soholt; Stalzer; Tidemann; White; Wiik; Youngberg

Nays:
Cammack; Cronin; Jensen (Phil); Klumb; Nelson; Nesiba; Netherton; Peters; Rusch; Russell; Solano; Sutton; Tapio

Excused:
Langer

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1082, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Ernie Otten, Chair

Sen. Curd moved that the balance of the calendar including HB 1159, 1191, 1014, and 1179 be deferred to Tuesday, March 7^th, the 34^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 28: FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive probation.

SB 29: FOR AN ACT ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

SB 44: FOR AN ACT ENTITLED, An Act to revise the definition of individuals with a serious emotional disturbance.

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of consumers power district assets.

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

SB 98: FOR AN ACT ENTITLED, An Act to revise provisions regarding deadlines for municipal election recounts.

SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the petition signature requirements for municipal elections.

SB 102: FOR AN ACT ENTITLED, An Act to require that the name and telephone number of an organization fighting to end sex trafficking be given, in writing, to any woman seeking an abortion.

SB 116: FOR AN ACT ENTITLED, An Act to improve online access to information concerning state boards, commissions, and departments.

SB 120: FOR AN ACT ENTITLED, An Act to repeal the Legislative Planning Committee and revise certain provisions regarding agency performance reviews.

And signed the same in the presence of the Senate.

Sen. Russell moved that the Senate do now adjourn, which motion prevailed and at 5:38 p.m. the Senate adjourned.

Kay Johnson, Secretary